Rental Contract Clauses

Obligations of the Lessee (as referenced in this contract):

Clause 1: The lessee must inspect the condition of the rented car before taking possession. Once the car is received, they are solely responsible for it.

Clause 2: The lessee agrees to take proper care of the rented car and use it responsibly. They remain liable for any damage in accordance with Article 663 of the Code of Obligations and Contracts.

Clause 3: In accordance with Article 674 of the Code of Obligations and Contracts, the lessee must immediately inform Jasami Car of any circumstances requiring the company’s intervention, including urgent repairs, discovery of unforeseen defects, breakdowns, or damage caused by third parties. Failure to do so will result in the lessee bearing all costs associated with subsequent damage to the rented car.

Clause 4: The lessee agrees not to transfer or sublease the rented car to another person or use it in an unauthorized manner, as per Article 669 of the Code of Obligations and Contracts.

Clause 5: The lessee has no right to claim financial compensation from Jasami Car for delayed delivery of the car, contract cancellation, or repair duration, even if these events occur during the normal rental period.

Clause 6: The lessee must ensure that the car’s documents, including the rental contract and keys, are not left outside the car.

Clause 7: The lessee declares that they have checked the car’s five tires and confirmed they are in good and usable condition. In case of tire damage, the lessee must immediately notify the company and replace it with a tire of the same type, size, and brand. The lessee also confirms that they have checked the car’s signal lights and required equipment, such as the warning triangle and safety vest.

Clause 8: The lessee agrees not to tamper with the car’s odometer. Otherwise, they must pay the company financial compensation of at least 500 dirhams per day.

Clause 9: The maximum allowed distance is 300 kilometers per day.

Clause 10: The lessee assumes full responsibility for any damage to the upper parts of utility vehicles and is solely liable.

Clause 11: The lessee agrees to run the car’s engine for 10 minutes before driving if the vehicle has been idle for more than 5 hours.

Vehicle Return

Clause 1: The lessee agrees to return the vehicle during Jasami Car’s business hours. Otherwise, the vehicle remains in their possession and under their responsibility until business hours resume.

Clause 2: The lessee is not allowed to hand over the vehicle’s documents or keys to anyone other than authorized Jasami Car employees. If any documents or keys are lost, the lessee will bear all associated costs, as well as daily rental fees for the period the vehicle remains unavailable.

Clause 3: The lessee must remove all personal belongings from the vehicle before returning it to Jasami Car.

Clause 4: The lessee agrees to return the rented car at the end of the specified rental period. Failure to do so may result in legal proceedings under Articles 505, 525, and 547 of the Moroccan Penal Code.

Clause 5: If a checklist was included in the rental contract to confirm the car’s condition at the time of handover, the lessee must return the vehicle in the same condition, as per Article 676 of the Penal Code.

Clause 6: It is strictly prohibited for the lessee to abandon the rented vehicle for any reason.

Obligations of Jasami Car

Clause 1: Jasami Car agrees to deliver the rented car in good working condition.

Clause 2: The company must provide the lessee with all required car documents and ensure they are valid.

Clause 3: Jasami Car cannot claim compensation for engine damage resulting from normal use, provided no negligence or fault is attributed to the lessee. In cases of uncertain responsibility for engine damage, an independent expert will be consulted.

Clause 4: In accordance with Article 683 of the Moroccan Penal Code, Jasami Car agrees to reimburse the lessee for minor repairs made to the vehicle, provided the expenses are supported by an invoice or equivalent proof.

Rental Amount

Clause 1: The lessee must pay the rental amount in advance, as specified in writing in the rental contract.

Clause 2: The rental amount is due immediately after the contract is signed and before the car is handed over to the lessee.

Payment Methods

Clause 1: The rental amount is collected using payment methods accepted in the Kingdom (cash, bank check, or credit card).

Security Deposit

Clause 1: The lessee must leave a predetermined amount (security deposit) with Jasami Car in advance, using approved payment methods, as specified in the insurance contract.

Clause 2: If Jasami Car receives the security deposit, this must be documented in the rental contract.

Clause 3: Jasami Car agrees to refund the security deposit if the rented car is returned in the same condition as it was delivered to the lessee.

Extension of the Rental Contract

Clause 1: The lessee agrees to notify Jasami Car in writing at least 24 hours before the rental period expires if they wish to extend the rental contract.

Clause 2: Jasami Car reserves the right to accept or decline the extension. If Jasami Car does not approve the extension and the vehicle is not returned on the agreed date, the company may recover the vehicle and take legal action against the lessee.

Additional Driver

Clause 1: If the lessee wishes to add an additional driver, this person must provide a valid driver’s license that has been held for at least six months. Jasami Car permits only one additional driver, who will share the same responsibilities as the primary lessee.

Minimum Rental Period

Clause 1: The minimum rental period is 48 hours. Exceeding this time by one hour results in an additional full day’s rental charge.

Maintenance and Vehicle Condition

Clause 1: The lessee must perform daily checks on the car’s water, oil, and tire pressure levels. The lessee may change the car’s oil outside Marrakech, provided Jasami Car’s approval is obtained via phone, email, or written communication (supported by a receipt or equivalent proof).

Fuel and Car Cleanliness

Clause 1: Fuel costs are the responsibility of the lessee, who must return the car with the same fuel level it had at the time of delivery. If not, the lessee must pay 100 dirhams per missing fuel level.

Clause 2: The lessee must return the car in the same state of cleanliness as it was delivered. If not, a cleaning fee of 100 dirhams will be charged.

Comprehensive and Third-Party Insurance

Technical Damage (Technical Repairs)
Clause 1: The lessee must pay Jasami Car a security deposit based on a percentage of the car’s purchase value, as determined by the insurer in the insurance contract.

Clause 2: Damage to the rented car will be assessed by a specialized expert.

Clause 3: Jasami Car reserves the right to claim compensation for the total loss of use of the rented vehicle, as stipulated in Article 264 of the Moroccan Road Code.

Economic Damage (Economic Repairs)
Clause 1: The lessee must pay the company a security deposit.

Clause 2: Subsequent damage to the rented car will be assessed by a specialized expert.

Clause 3: Jasami Car reserves the right to calculate the downtime of the damaged vehicle, fixed at 70% of the daily rental amount, along with all vehicle transport and towing fees.

Liability Insurance

Clause 1: If damage occurs to the rented car, the lessee is responsible for all repair costs, downtime, partial or total loss of use, and all related towing and transport fees.

Accidents

Clause 1: In the event of material or bodily damage, the lessee must immediately notify the company by phone, email, or in writing before taking any necessary measures. They must also provide a police report detailing the accident’s circumstances. If this is not possible, the lessee must declare on their honor that no bodily harm, deductions, or amicable reports occurred.

Clause 2: If the lessee completes an amicable report, they must notify the company and provide a copy within 48 hours.

Prohibited Uses of the Rented Car

The lessee is prohibited from driving or using the rented car in the following cases:

• Driving under the influence of alcohol or drugs.
• Driving on unpaved roads.
• Using the car for unauthorized transportation of goods or people.
• Transporting flammable or explosive substances.
• Participating in car races or driving lessons.
• Using the car to tow or push other vehicles or carts.
• Engaging in illegal activities or similar purposes.

If the lessee violates these conditions or any of their obligations, the company reserves the right to recover the vehicle without conditions or restrictions.

Lessee Arrest and Vehicle Seizure

If the lessee is arrested or involved in illegal activities leading to the seizure of the rented car by authorities, the lessee assumes sole responsibility. They must inform the company immediately in such cases.

Theft or Fire

The rental contract is suspended once the lessee immediately informs Jasami Car of the theft or fire of the rented car. The lessee must provide a police or gendarmerie report and return the car’s keys and documents to the company within 48 hours.

Traffic Violations

Clause 1: The lessee is legally responsible for any traffic violations incurred. They must notify Jasami Car of such violations within 48 hours.

Clause 2: If a violation is recorded by a fixed radar, Jasami Car will provide the required documents to the concerned ministry. If the vehicle’s registration card is confiscated, the lessee must pay the company daily rental fees for the duration of the confiscation and all related expenses.

Territorial Authorizations

Clause 1: The rented car cannot leave the national territory unless the lessee obtains written authorization from Jasami Car and, if necessary, the relevant ministry.

Contractual Commitment

Clause 1: Both parties, Jasami Car and the lessee, agree to adhere to and enforce the terms and conditions specified in this rental contract.

Dispute Resolution

Clause 1: Any disputes arising under this contract will be resolved through arbitration or legal proceedings, with jurisdiction exclusively assigned to the courts of Marrakech.

By signing this contract, I commit to complying with Article 609 of the Moroccan Penal Code.